Michigan Mandates AI Disclosure in Political Ads

Michigan has become one of 30 states requiring political campaigns to disclose when they use artificial intelligence to create or modify campaign advertisements, as AI tools increasingly reshape how candidates reach voters.

Under legislation signed by Governor Gretchen Whitmer in 2023, political advertisements must clearly state when they incorporate AI-generated content. Within 90 days of an election, distributing "materially deceptive media" without a visible disclaimer constitutes a criminal offense.

The penalties escalate quickly: a first violation carries up to 90 days in jail and a $500 fine, while a second offense within five years becomes a felony punishable by up to five years' imprisonment and a $1,000 fine.

Campaigns Already Testing the Boundaries

State Senator Aric Nesbitt, a Republican gubernatorial candidate, posted AI-generated videos on social media in June featuring likenesses of himself and several other Michigan politicians, including Governor Whitmer, Secretary of State Jocelyn Benson, and Attorney General Dana Nessel. The videos included disclaimers that they were created entirely by artificial intelligence.

In an interview with the Detroit Free Press Editorial Board, Nesbitt defended the approach as entertainment meant to reach voters across multiple platforms. Republican candidate Perry Johnson also disclosed AI use in a late May political advertisement.

Why It Matters

As campaigns adopt AI tools for speed and cost savings, the gap between technological capability and voter literacy grows. Experts warn that disclosure requirements alone may not protect voters if they cannot distinguish AI-generated content from authentic material. This tension between innovation and comprehension will likely define the next generation of election integrity debates.

The Literacy Gap

Cliff Lampe, a professor at the University of Michigan's School of Information, identified voter literacy as the critical challenge. Legal guardrails lose effectiveness when audiences cannot discern real content from AI fabrications.

"Literacy is the most important thing," Lampe said. "There's a lot of catch-up to do."

Campaigns are increasingly using generative AI platforms to write fundraising emails, identify donor prospects, and produce video content, according to a 2023 Brennan Center for Justice report. When Michigan enacted its disclosure requirements, it became the fifth state with such laws; that number has since grown to 30, according to the National Conference of State Legislatures.

Federal Regulation Lags

No federal legislation currently mandates AI disclosure in political materials. While existing statutes require disclaimers identifying who paid for political ads, they do not require disclosure that content was AI-generated, according to a 2024 Congressional Research Service paper.

The details were first reported by the Detroit Free Press.